Home Builders v. Board of County Commissioners

LEWIS KAPNER, Circuit Judge.

This matter is presented upon a complaint for declaratory and injunctive relief. Plaintiffs contend that Ordinance 79-7 (Fairshare Ordinance), *83which imposes an “impact fee.” on new development for the purpose of financing proposed new road construction, is invalid. Plaintiffs contend that this “fee”1 is not a fee at all but is in reality a tax and is therefore invalid.

The court has considered the evidence and law, all of which has been ably presented by counsel, and concludes that the “fee” is in fact a fee and is therefore valid. The pertinent facts are as follows: